R-904 - 05/10/2005 - AGREEMENT - Resolutions Supporting DocumentsI
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 26, 2005
Item 7.P.
SUBJECT: Revised Settlement Agreement in the Primeco Class Action Litigation
e� t
FROM: Richard B. Boehm, Village Manager
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve directing the Village Attorney to'
prepare �a Resolution Approving a Revised Settlement Agreement in the Primeco Class
Action Litigation allowing for amendment of the original settlement agreement terms
subject to the original monetary agreement as approved by the Village Board at its
February 22, 2005 meeting.
Background/History:
Along with the 24 other municipalities in DuPage County named as defendents to the Class
action suit, the Oak Brook Village Board originally approved the settlement agreement on
February 225 2005. At this time, the Defense Group is recommending a modification to the
original agreement in order to respond to recent challenges.
Recommendation:
Staff recommends the Village Board direct the Village Attorney to prepare a Resolution
Approving a Revised Settlement Agreement in the Primeco Class Action Litigation
allowing for amendment of the original settlement agreement terms subject to the original
monetary agreement as approved on by the Village Board at its February 22, 2005 meeting.
Last saved by Document2
Last printed 4/22/2005 4 03 PM
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5. himself, his subdivision and friends throughout the Village expressed his grati
Trustees Caleel, Korin and Zannis for their time, energy, thoughts, management sk
efforts He stated due to their efforts the Village will be better and he personally
to 'all three of them to run for re- election but each of them were not able to do sc
other endeavors.
ude to
Us and
leaded
due to
Mario Vescovi also commended Trustees Caleel, Korin and Zannis for their dedication
and tenacity in their accomplishments They have inspired the Village residents to
become more involved in the Village political system and processes
Then Samuel Girgis also thanked the three Trustees for their efforts during thei
serving on the Board of Trustees. He commended them for a job well done for
range growth of Oak Brook.
6 APPROVAL OF MINUTES
REGULAR BOARD OF TRUSTEES MEETING OF APRIL 12, 2005
tenure
e long
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes of the
\� Regular Board of Trustees Meeting of April 12, 2005.
� 7 CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and
enacted in one motion.
Trustee Caleel requested that Agenda Item 7 C. Community Development Refe
Breakenridge Farm Extension — Preliminary Plat of Subdivision and Agenda Ite
Amendment to the 2005 Salary Plan and Salary Administration Policy be rem(
further discussion
will be
Tals, 1)
n 7. Q.
ved for
Trustee Korin requested that Agenda Item 7 A. 3) Kubiesa, Spiroff, Gosselar & Acker, P
C. — Legal Services — March, 2005 - $23,703.15 be removed for further discussion
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays 0 - None.
Absent 0 - None. Motion carried
A Accounts Payable for Period Ending April 22, 2005 - $738,021 26
Significant Items included in Above
1) DuPage Water Commission - $152,276.09
2) Civiltech Engineering — Payout #5 — 31St Street Bike Path
VILLAGE OF OAK BROOK Minutes Page 4 of 17 April 26, 2005
5,17
7
B. Approval of Payroll for Pay Period Ending April 9, 2005 - $593,694.71
D. � Authorization to Seek Bids or Proposals or Negotiate Contracts:
E. Authorization to Hire, Promote or Reassign Duties of Village Employees
F Budget Adjustments
G Treasurer's Report — March, 2005
H. DuPage County Children's Center Agreement and Contribution
I York Road /Harger Road Bicycle /Pedestrian Path — Construction Engineering
Amendment No. 1
J. An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and
Cook Counties, Illinois
K. An Ordinance Amending the Zoning District Map Concerning the Oak Brook
Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523
L A Resolution Approving the Final Plat of Subdivision Known as NAI Hiffman
Butterfield Road Subdivision and Granting Variations from the Provisions of Section
14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the
Village of Oak Brook Relative to Monumentation and Granting of Public Utility
Easements
M. An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13
(Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to
Structure Height and Permitted Uses . ...... ................. ............................... ....:......
N An Ordinance Granting Variations from the Provisions of Title 13 (Zoning
Regulations) of the Village Code of the Village of Oak Brook Relative to Liot Area
Requirement, Sign Height, Interior Parking Lot Landscaping and Off - Street Parking
Regulations
0. An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining
Areas Adjacent to Up to Three Restaurants
t Revised Settlement Agreement in the Primeco Class Action Litigation
8 ITEMS REMOVED FROM CONSENT AGENDA:
7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services — March, 2005 -
$23,703 15
Trustee Korin stated she is agreeable to paying the bill with the exception of the last item,
the Elmhurst Builders & Developers litigation, as the Village Board had previously
passed a motion that Attorney Kubiesa would not bill the Village for time spent in this
litigation considering how it was handled and subsequently what has been done to follow
through with the litigation.
Motion by Trustee Korin, seconded by Trustee Caleel, to approve 7. A. 3) Kubiesa,
Spiroff, Gosselar & Acker, P. C — Legal Services — March, 2005 - $23,703.15 bill with
the exception of $5,994.40 for Elmhurst Builders & Developers ROLL CALL VOTE•
Ayes. 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
Nays- 0 -None.
VILLAGE OF OAK BROOK Minutes Page 5 of 17
P,
April 26, 2005
Item 6.I.
t
•
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 10, 2005
SUBJECT: Amended Settlement of Primeco Class Action Litigation
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Resolution 2005 -AG- TELECOM -R -904,
Resolution Approving an Amended Settlement Agreement in the Primeco Class Action
Litigation
Background /History:
Attached please find a resolution which formally approves the amended Settlement Agreement in
the Primeco Class Action litigation. You may recall that the Board approved the Resolution
approving the original Settlement Agreement on February 22, 2005. The twenty -three (23) other
members of the DuPage Defense Consortium municipalities have approved the amended
settlement and Judge Webster has given her preliminary approval of same.
Recommendation:
I recommend that this Resolution be approved.
Last saved by Default J \ALL DOMBOARD MEMOSTrnmeco Sett doc
Last printed 5/6/2005 11 25 AM PAII
4 candidates from the election to attend the ceremony and interact with and learn from
them.
Thomas Cunningham, Board President of Grade School District 58, addressed the Board
on behalf of their Board of Education to voice their concern that the proposed TIF District
for the Promenade Project would take away tax revenue for school districts. He stated
that they perceive TIF's as being adverse to the interest of children and students) in their
school districts He explained that with the redevelopment of Ogden Avenue in Downers
Grove that the School District reached an agreement with the Village of Downers Grove
that holds the School District harmless from any adverse impact. He provided the Village
with a copy of that agreement. He asked that the Village consider working with the
School District to find a way of insuring that their District is not adversely impacted by
the Promenade Redevelopment TIF.
A. OAK BROOK AREA ASSOCIATION OF COMMERCE AND INDUSTRY
President Quinlan noted that the person to address this topic was not in attendance of the
meeting
5 APPROVAL OF MINUTES -
A. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 26, 2005
Motion by Trustee Craig, seconded by Trustee Yusuf, to approve the Minutes of the
Regular Board of Trustees Meeting of April 26, 2005 VOICE VOTE Motion
carried.
Trustee Aktipis indicated that he has notified Village Clerk Gonnnella that he had
some minor wording changes that would not substantially change the natu �e of the
minutes
6 CONSENT AGENDA-
All items on the Consent Agenda are considered to be routine in nature andl will be
enacted In one motion
Trustee Aktipis asked that Agenda Item 6. J., An Ordinance Granting Variations from the
Provisions of Section 13 -3 -5 and 13- 613-31'(3) of Title 13 (Zoning Regulations) of the
Village Code of the Village of Oak Brook Relative to Front and Rear Yard Setback
Requirements — 3305 York Road — Bohne be removed for further discussion.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, to approve the Consent) Agenda
and authorize expenditures as presented or amended ROLL CALL VOTE -
Ayes. 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf
VILLAGE OF OAK BROOK Minutes Page 3 of 21 May 10, 20
�o
6 Nays: 0 - None.
Absent: 0 - None Motion carried.
A. Accounts Payable for Period Ending May 6, 2005 - $415,011.13
Significant Items included in Above:
1) Kubiesa, Spiroff, Gosselar & Acker P C. — Legal Services — April, 2005 -
$15,10450
B Approval of Payroll for Pay Period Ending April 23, 2005 - $635,431 78
C. Community Development Referrals
D Authorization to Seek Bids or Proposals or Negotiate Contracts*
1) Police Department Weapons
E. Authorization to Hire, Promote or Reassign Duties of Village Employees
a
F. Budget Adjustments
G Village Manager Salary Adjustment
H An Ordinance Authorizing the Sale by Public Auction of Personal Property Owned
by the Village of Oak Brook
I Resolution Approving the Revised Primeco Settlement Agreement
A Resolution Approving the Preliminary Plat of Subdivision Known as Villas of Oak
Brook Subdivision and Granting a Variation from the Provisions of Section 114 -6 -3A
of Title 14 (Subdivision Regulations) of the Village Code of the Village, of Oak
Brook, Illinois Relative to Public Right -of -Way
L Release of Funds — Oak Brook Oak Brook Hotel, Convention and Visitors CoImmittee
— 1St Quarter 2005 Receipts - $13,763.05
M. DuPage County Community Development Block Grant Program
N 2005 Paving Project - Change Order #1 i
O A Resolution in Opposition to Legislation Relative to Fire Union Control Over Fire
i
Pension Boards
P. A Resolution in Support of Legislation Relative to Non -Home Rule Sales Tax Rate
Increase
Q. A Resolution in Opposition to Legislation Relative to Abolishing Local Electoral and
Canvassing Boards
7. ITEMS REMOVED FROM CONSENT AGENDA:
6 J. An Ordinance Granting Variations from the Provisions of Section 13 -3 -5 and 13 -6B-
3F(3) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak
Brook Relative to Front and Rear Yard Setback Requirements — 3305 York Road —
Bohne
Truste
e Akti is indicated that he had made a mistake and that this may be passed as well.
p
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve "An Ordinance
Granting Variations from the Provisions of Section 13 -3 -5 and 13- 6B -3F(3) of'Title 13
(Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Front
VILLAGE OF OAK BROOK Minutes Page 4 of 21 May 10, 2005
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